Thursday, January 29, 2009

3,000 Village Courts to be set up soon, says Union Minister for Law and Justice

Based on a report in The Hindu Newspaper

The Union Minister for Law and Justice H.R. Bhardwaj on last Saturday announced that 3,000 gram nyayalayas would start functioning within a month across the country. Speaking at a conference organised by the ASSOCHAM on the “Need for Strengthening Alternate Dispute Resolution in India, this 17th January, Mr. Bhardwaj said he would meet with the Chief Justices of all High Courts and Accountant-Generals on February 2 to bring into force the new arrangement for speedy dispensation of justice at the lower level.

The Union Cabinet also sanctioned Rs. 600 crore for this project covering Indian Villages. Under the policy each Court would be granted Rs. 20 Lakhs. The Centre would fund 50% of the salary of Nyaydhikaris fthe first three years and later on the burden would fall upon the respective States.

An amendment to the 1996 Act is also on the line. This would incorporate resolving civil and commercial disputes using mediation and conciliation mechanisms. This is entirely based on what Singapore Government had done years back and what is today called the Singapore Mediation Center. The Singapore Mediation Center follows a policy where the arbitrator would have to repay the whole fees in case the arbitrator fails to resolve the dispute within a period of 40 days.

The Ministry seems to be in a mood to revamp the whole of the justice delivery mechanism before the elections. However, with the Singapore model being choosen , there are so many questions that would be raised for example the viability of the mechanism in our country since Singapore is a highly trade oriented country and its the commercial disputes which have to be resolved while in India what has to be currently looked into is the common man's problem

Meanwhile Delhi Courts are in a plan to set up an Arbitration Center within a short span of 6 months. It would be run by a trust comprising judges, retired judges and lawyers who would be required to solve the cases within 18 months. While there is already a mediation center working at Delhi Courts, this is for the first time that Arbitration centers are being set up. More to follow about the arbitration center at delhi in the coming posts.

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